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The eIDAS Regulation unifies the legality of electronic signatures in Europe.
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If you do business in Europe, Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014, on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, better known as the eIDAS Regulation, is great news for you. This regulation simplifies and standardizes electronic signatures throughout Europe to help create a single digital market. Now it is much easier for you and your customers to make secure digital transactions in the European Union.
What is the eIDAS Regulation exactly?
The eIDAS Regulation was created with the intention of enhancing trust in electronic transactions in the internal market by providing a common
foundation for secure electronic interaction between citizens, businesses and public authorities, thereby increasing the effectiveness of public and private online services, electronic business and electronic commerce in the Union. That common foundation is fulfilled through two actions, the first is that the legislation has the rank of regulation, that is, of full application in all the Member States of the European Union, and the second one is that it has established a common legal framework for trust services, these being the following:
- the creation, verification, and validation of electronic signatures, electronic seals or electronic time stamps, electronic registered delivery services and certificates related to those services, or
- the creation, verification and validation of certificates for website authentication; or
- the preservation of electronic signatures, seals or certificates related to those services;
Regulation eIDAS defines the entities that can provide these services as Trust Service Providers, a denomination that Leypal receives by offering the services of electronic signature and certified electronic delivery. With the arrival of this Regulation, European organizations have the opportunity to fully digitize their contracts and business processes, which is why Leypal was created.
Three types of electronic signatures are recognized in the eIDAS Regulation
The eIDAS Regulation defines electronic signatures as data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign. However, there is not just one type of single electronic signature, but three different ones: simple, advanced and qualified. All three have legal validity, but the difference lies in the burden of proof of each one. However, it is of vital important to state what Article 25 of eIDAS Regulation says regarding the legal validity of all electronic signatures in general.
“An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures.”
Leypal as a Trust Services Provider offers in this aspect the services of simple and advanced electronic signature, having in the roadmap to offer the qualified electronic signature in the year 2020.
Simple electronic signature
The simple electronic signature finds its legal existence in the definition of electronic signature of the eIDAS Regulation, since data in electronic form which is attached to or logically associated with other data in electronic form can be given in many practical cases, for example, when accepting with a click terms and conditions or a privacy policy on a web page. Being the most simplistic electronic signature, it is the one that allows the highest conversion rate in the signing of documents, but which difficulty lies in the evidence to demonstrate the identity of the signer.
Advanced electronic signature (AdES)
The advanced electronic signature is defined in Article 26 of the eIDAS Regulation, and establishes four parameters that must be met in order for a signature to be recognized as such:
- it is uniquely linked to the signatory;
- it is capable of identifying the signatory;
- it is created using electronic signature creation data that the signatory can, with a high level of confidence, use under
his sole control; and - it is linked to the data signed therewith in such a way that any subsequent change in the data is detectable.
The big difference between the simple and the advanced signature is the possibility of being able to identify the signer, an issue that Leypal meets by capturing the signature’s biometric data. On the other hand, it protects the process by using a qualified electronic time stamp, provided by a Qualified Trust Service Provider of Spain (QTSP), in order to avoid any subsequent modification to the document or data signed.
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Qualified electronic signature (QES)
Regarding the qualified electronic signature, the eIDAS Regulation defines it as an advanced electronic signature that is created by a qualified electronic
signature creation device, and which is based on a qualified certificate for electronic signatures;.
The qualified electronic signature is the strictest form of electronic signature and, it is the only type of electronic signature that is given the same legal value as handwritten signatures. The complexity of this type of electronic signature is that it is necessary for the signatories to use a qualified certificate issued by a Qualified Trust Service Provider of a Member State, in addition to needing a qualified electronic signature creation device (QSCD) where these types of signatures must be generated. This issue hinders and slows the process of signing contracts.
It is important to state that to obtain a qualified certificate, it is essential that the person in question appears physically in the offices of the Qualified Trust Service Provider. This is due to the fact that it is mandatory to be authenticated in person, so that the qualified certificate be issued.
Due to these issues, and a possible delay in the signing of contracts, the vast majority of people use the simple and advanced signature for the signing of their contracts, leaving the qualified electronic signature for their communications with the Public Administration, or for the signature of contracts of great notoriety.
eIDAS Regulation and the electronic registered delivery service
The electronic registered delivery service is defined by the eIDAS Regulation as a service that makes it possible to transmit data between third parties by
electronic means and provides evidence relating to the handling of the transmitted data, including proof of sending and receiving the data, and that protects transmitted data against the risk of loss, theft, damage or any unauthorised alterations.
Leypal provides this service through the eDelivery, which allows the sender to demonstrate that the recipient has received the email, opened it, and if there are any attached documents, they have accessed them. It is important to highlight the statement that article 43 of the eIDAS Regulation makes about the electronic registered delivery service.
“Data sent and received using an electronic registered delivery service shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements of the qualified electronic registered delivery service.”
Regulation in Spain
While it is true that the eIDAS Regulation is fully applicable in Spain, it is important to take into account the national regulation on trust services. On one hand, Spanish Law 59/2003, of December 19, on electronic signature defines the electronic signature as the set of data in electronic form, consigned together with other or associated with them, which can be used as a means of identification of the signer . On the other, it establishes that the advanced electronic signature is the electronic signature that allows identifying the signer and detecting any subsequent change of the signed data, which is linked to the signer in a unique way and to the data referred to and that has been created by means that the signer can use, with a high level of trust, under his exclusive control.
As it can be analyzed, these definitions were adapted directly from the eIDAS Regulation to meet the objective of creating a unification of criteria in the Member States, but, above all, a digital single market.
Leypal Commitment
In Leypal, we offer you the simple and advanced electronic signature with the maximum legal guarantees. Our commitment is to help digitize the contractual processes and optimize the signature processes, which is why we help you choose which signature you need, either because of its legality, or because you need a higher conversion rate. Get in touch with us, and start signing all your contracts electronically.
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